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BHASKAR RAJ PRADHAN, MEENAKSHI MADAN RAI
Shaktiman Rai – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - The victim, a man aged about forty-six years, a Government employee, was found lying on a cornfield, in Zeel, West Sikkim, at around 08.00 a.m., on 12-04-2021, in a critical condition with signs of brutal assault on his person. He held the Appellant responsible for the assault, which allegedly occurred on the night of 11-04-2021. On the morning of 13-04-2021, he succumbed to his injuries in the hospital. The First Information Report (FIR) Exhibit 2 was lodged on 12-04-2021, by PW-2 before the Kaluk PS, informing that his brother was assaulted near the Church, at Zeel, West Sikkim, at around 06.30 p.m. on 11-042021 by the Appellant. FIR No.05 of 2021, dated 12-04-2021 was registered against the Appellant, under Section 307 of the Indian Penal Code, 1860 (hereinafter, the 'IPC'), which was converted to Section 302 IPC, on the death of the victim. The Court of the Learned Sessions Judge, West Sikkim, at Gyalshing, on examining the Prosecution witnesses and relying largely on the alleged dying declaration of the deceased, by the impugned Judgment, dated 29-06-2022, convicted the Appellant of the offence under Section 302 of the IPC and sentenced him to
The court emphasized that a dying declaration must be corroborated and that the prosecution bears the burden of proving guilt beyond a reasonable doubt, especially in circumstantial cases.
A dying declaration can be oral or in writing and in any adequate method of communication whether by words or by signs or otherwise will suffice provided indication is positive and definite.
Circumstantial evidence must form a complete chain pointing to the accused's guilt, with no reasonable doubt of innocence for a conviction.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
The prosecution must conclusively establish guilt through circumstantial evidence, including motive and cause of death, in cases based on circumstantial evidence.
A conviction based on circumstantial evidence must establish clear links and prove guilt beyond a reasonable doubt; the reliability of dying declarations is paramount.
The reliability of an eyewitness is paramount, and without corroboration, their testimony cannot solely sustain a conviction in criminal jurisprudence.
A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.
The dying declaration made by the deceased was voluntarily made and in a conscious state of mind, and it was supported by witness testimonies, medical and forensic evidence, leading to the conviction....
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